Ask a Divorce Lawyer:
How is a separation different from a Divorce?
- A key difference between a divorce and separation is that while a divorce legally terminates a marriage, a separation does not.
- To obtain a divorce you must file an application to the court for the Judge to assess whether you qualify for a divorce. If you do, the court will issue a divorce order. You may choose to hire a divorce lawyer to help you file the relevant forms with the court.
- Both divorce orders and separation agreements can incorporate decisions regarding custody, access, and support.
Ask a Divorce Lawyer:
What are the steps in a divorce?
- Negotiations: Parties should try to negotiate an agreement on the issues relating to the separation. Issues that may arise due to a separation can include parting time and decision making related to children, support payments, property division, among other. A divorce lawyer can be of great assistance for couples who are open and willing to negotiate an agreement.
- Separation Agreement: Upon completing successful negotiations, a divorce lawyer will draft an agreement that outlines how the parties resolved the issues arising out of the separation. Obtaining independent legal advice, and making full and frank financial disclosure, are essential elements for a long lasting and useful agreement.
- Court Application: If the parties are unable to negotiate the terms of a separation agreement a divorce lawyer may help you start a court application. Our divorce lawyers can help you decide if this is the right step for you.
- Court Order: Once a hearing on the merits takes place a judge may issue a final order to settle the issues in the separation.
- Enforcement: Should a spouse fail to follow the terms of a court order, a party can apply for the enforcement of the order to ensure that the Judge’s ruling is upheld.
Ask a Divorce Lawyer:
How is property divided in a Divorce?
- Couples who are separating divide their assets by equalizing their net family property. Equalization requires the parties to fairly and equally divide the net value of property acquired during the marriage or relationship. Spouses may retain some of the property they brought to the marriage. However they must divide most of the property acquired during the relationship. A divorce lawyer at Unified LLP can give advice on which property may be excluded.
- Equal division is the general rule; however, it is possible to negotiate an unequal division under certain circumstances. The court has the discretion to make an order that is just and equitable, based on the parties’ positions and evidence.
Ask a Divorce Lawyer:
Who has to pay spousal support in a separation?
- The entitlement to spousal support depends on various factors. In very long relationships, the spouse with the higher income has to pay spousal support. Contact a spousal support lawyer Toronto to learn more.
- you should speak to a divorce lawyer to determine the amount of support that must be paid. Some important factors that the courts will consider include:
- the length of the relationship,
- the couple’s standard of living during the relationship,
- their age and health of the Parties,
- the Parties respective contribution to the relationship and
- the Parties current financial circumstances.
